Easement - Idaho Department of Parks and Recreation - 1995 - Charles Joanne Lobdell - Access EasementEASEMENT AGREEMENT
For Right of Mutual Access
Between
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STATE OF (D
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BOISE I!0
State of Idaho, Department of Parks and 145kion5 F l ' ; 7
And /
Charles H. Lobdell and Joanne W. Lall�e47 _
Husband and Wife RECORU_D -,.- 0z-:4UgEEST1aF
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THIS EASEMENT AGREEMENT is made this v�S-'—day of August, 1995, by and
between the Idaho Department of Parks and Recreation (Department), and Charles H. Lobdell
and Joanne W. Lobdell, Husband and Wife (Lobdell).
WITNESSETH:
That in consideration of the mutual promises contained herein:
The Department does hereby grant, bargain, sell and convey to Lobdell an access
easement located in the SW1A of Section 18, TAN., R.lE., B.M., more particularly described as
follows:
Commencing at a brass cap marking the center of Section 18, TAN.,
R.IE., B.M.;
thence South along the center of section line of said Section 18, South
01 °48'21" West 1,912.61 feet to the TRUE POINT OF BEGINNING;
thence leaving said center of section line South 29006'46" West 56.82 feet
to a point;
thence South 09150'l 8" East 48.01 feet to a point;
thence South 14°49'06" East 57.25 feet to a point on the center of section
line of said Section 18;
thence along said center of section line North 01048'211' East 152.37 feet
to the TRUE POINT OF BEGINNING;
Said parcel contains 0.05 acres, more or less.
Easement Agreement --Page 1 of 5
SUBJECT TO:
All existing easements and road rights-of-way of record or appearing on
the above-described parcel of land.
This is an easement over and across the road constructed and maintained by Lobdell
including that portion which is on property owned by the Department.
The described property is identified on Exhibit A, attached hereto and incorporated herein
by reference. The described easement is limited to the purpose of providing Lobdell access to
the headgate works of the Mace -Catlin ditch, located on Department property, for the purpose of
controlling water flows on Lobdell property upstream of Department property, and to provide
Lobdell access to the southern portions of his property via that portion of the road which extends
in a southerly direction from the Mace -Catlin ditch headworks.
Lobdell does hereby grant, bargain, sell and convey unto the Department, a 20 -foot
access easement for the Idaho Department of Parks and Recreation, lying in the SE1/4 of Section
18, TAN., R.IE., B.M., more particularly described as follows:
Commencing at a brass cap marking the center of Section 18, TAN., R.IE., B.M.;
thence South along the center of section line of said Section 18, South 01148'21"
West 25.00 feet to the southerly right-of-way of a public road and the TRUE
POINT OF BEGINNING;
thence continuing along said center of section line South 01°48'21" West
1,925.48 feet to a point;
thence leaving said center of section line North 28°39'24" East 44.28 feet to a
point;
thence South 88°11'39" East 20.00 feet to a point;
thence North 01°49'23" East 12.00 feet to a point;
Easement Agreement --Page 2 of 5
thence North 89°59'27" West 20.00 feet to a point;
thence North along a line parallel with and 20.00 feet easterly of said center of
section line North 01'48'21" East 1,829.20 feet to a point;
thence North 14°44'30" East 46.97 feet to the southerly right-of-way of said
public road;
thence along the southerly right-of-way of said public road South 89056'1011 West
30.53 feet to the TRUE POINT OF BEGINNING.
Said parcel containing 0.89 acres, more or less.
SUBJECT TO:
All existing easements and road rights-of-way of record or appearing on the
above-described parcel of land.
The described property is identified on Exhibit A, attached hereto and incorporated herein
by reference. The described easement is limited to the purpose of providing the Department
access to the headgate works of the Mace -Catlin ditch for maintenance, irrigation, and flood
water control.
It is the mutual understanding of the parties to this agreement that the described
easements are being given so that both parties may have access to the headgate of the Mace -
Catlin Ditch located in the S W U4 of Section 18, TAN., RAE., B.M., and that Lobdell may have
access to the portion of his property south of the Mace -Catlin headworks.
IT IS HEREBY FURTHER AGREED that in mutual consideration of granting the
described easements, the parties agree to ensure that both parties are provided appropriate keys or
combinations to any locked gates, and that all gates will be returned to the state in which they
were found when access was obtained.
Easement Agreement --Page 3 of 5
The covenants and conditions herein contained shall apply to and bind the successors,
heirs, executors, administrators and assigns of all the parties hereto.
IN WITNESS WHEREOF the parties hereto have set their hands the day and year first
above written.
onne S. Ferrell, Director
Waho Dept. of Parks and Recreation
STATE OF IDAHO,
ss.
County of Ada.
i a- Mon fo
1 017/
On this S day o 19966fore me, a Notary Public in and for said State,
personally appeared Yvonne S. l4rrell, known and identified to me to be the person whose name
is subscribed to the foregoing instrument, and acknowledged to me that she executed the same.
IN WITNESS WHEREOF I have hereunto set my hand and affixed my official seal the
day and year in this certificate first above written.
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Easement Agreement --Page 4 of 5
Notary Public off/
Residing at -
My commission expires a -9 r -
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STATE OF IDAHO, )
ss.
County of Ada. )
On this day of 199 bbefore me, a Notary Public in and for said State,
personally appeared Charles H�ll, known and identified to me to be the person whose
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name is subscribed to the foregoing instrument, and acknowledged to me that he executed the
same.
IN WITNESS WHEREOF I have hereunto set my hand and affixed my official seal the
day and year in this cmc above written.
•��.- VAKA Iy -'#
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pUBLtG
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STATE OF IDAHO, )
ss.
County of Ada )
JV I-4UTA*
Notary Public for Idaliff
Residing at Zp;dv, o
My commission expires
On this --A 54`day of use 199,5 before me, a Notary Public in and for said State,
personally appeared Joanne W. Lobdell known and identified to me to be the person whose
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name is subscribed to the foregoing instrument, and acknowledged to me that she executed the
same.
IN WITNESS WHEREOF I have hereunto set my hand and affixed my official seal the
day and year in this certificate first above written.
Easement Agreement --Page 5 of 5
•4(.Eft
Notary Public f r Idaho
Residing at
My commission expires 1-